Discuss Your Federal And State Drug Cases With Qualified and Skilled New York Criminal Lawyers and Attorneys
Drug cases in New York are prosecuted very harshly in both State and Federal Court. New York Criminal lawyers and attorneys will tell you that factors that will impact your case is whether your case is brought in Federal or State Court, whether you were arrested for selling or simply possessing the drug, the volume of drugs that you possessed or sold, and what type of drug are you accused of possessing or selling.
New York criminal lawyers should discuss with you what factors would deem your case appropriate for Federal or State Court. Generally speaking drug cases filed in Federal Court would tend to have you facing harsher punishment, although that is not always the case. One of the main factors that would cause a drug case to be filed in Federal Court as opposed to State Court would be if the drugs were brought into this country from another country or if the drug was brought across state lines. Usually long term investigation spanning many years and many different locations with multiple co-defendant’s involved would be a case more typically brought into Federal Court. Typically Federal cases involve more wire tapping of telephones and surveillance video as evidence. State case usually have more direct buys or observations by undercover police officers. Search warrants are typical in both jurisdictions. Sometimes a case could commence in one jurisdiction and then could be switched to the other jurisdiction at another time. Sometimes both Federal Agents and State or City Police are investigating a New York Drug case at the same time. Be sure to discuss your drug case with New York criminal lawyers such as Aaron Wallenstein that appears in both Federal and State Court for criminal defense cases.
Another factor that should be discussed with New York criminal attorneys in NYC is whether an accused was arrested for selling or simple possession of a drug. You could also be arrested for possession with intent to sell. Generally speaking, the sale of a drug involves harsher penalties than simple possession. There are typically two types of drug sale categories. A “buy and bust” and an “observation sale”. A “buy and bust” is usually where a defendant is alleged to have sold directly to an undercover police officer posing as a buyer. An “observation sale” is were an undercover police officer observes a drug seller selling drugs to a buyer with a hand to hand exchange of the drug for money. Consult a New York criminal lawyer for a more in depth discussion on drug sales.
The quantity of drug is also another factor in the exposure to how harsh a punishment an accused might be facing when arrested for drugs. The higher the quantity recovered by law enforcement the harsher the penalty. The higher the quantity possessed by an accused could also lead prosecutors from charging simple possession of drugs to possession with intent to sell. The New York State Rockefeller Drug laws were recently changed increasing the amount of quantity of drugs needed to be seized to qualify for harsher penalties, especially for accused “drug kingpins”. Speak to highly qualified New York criminal drug lawyers for a complete discussion on the changes to the New York Drug laws.
The final factor in determining the harshness of penalty for a drug case is the type of drug recovered. Marijuana is usually not as harshly penalized as the other illegal drugs. In recent times pain killers and illegally obtained prescription drugs have seen an increase in volume of arrests.
Issues that typically are litigated in a drug case by highly skilled criminal attorneys in New York are whether probable cause existed in stopping an accused arrested for sale or possession of drugs, whether probable cause existed to search an accused or whether probable case existed to search a car. You can also challenge whether probable cause existed to obtain a search warrant used in the search of a residence and whether that search warrant was carried out properly. Other issues that could arise is whether an accused has any connection to the drugs recovered, whether it be in a residence, car or on the street. You should discuss your drug case with a New York criminal attorney who handles drug cases in both federal and state court in New York. Aaron Wallenstein is a highly skilled criminal lawyer in New York that handles drug cases and could help you obtain a favorable disposition on your case.
Aside from possessing illegal drugs, there are a host of other drug charges that are often seen in courtrooms. If you have been charged with anything related to drugs, it’s important to seek the assistance of an attorney who can offer the assistance that you need as many drug charges are punishable by spending time in jail. There are various tiers of drug charges that you should keep in mind as well.
Possession is a common drug charge that people of any age can face if they have an illegal substance on their person or in their vehicle. You can be charged with a federal offense in some states depending on the kind of drug that you have in your possession. This type of charge is punishable in various ways depending on the kind of drug, the amount that you have, and your criminal background.
If you’re charged with drug paraphernalia, then it means that you have the equipment needed to use, sell, or traffic a drug. Items that you could have for personal use include those that would allow you to smoke, inhale inject, or snort a drug. You could also be charged with paraphernalia if you have items that are used to conceal drugs, such as an empty bottle or a case. Sometimes, you don’t need to have the actual drug on your person in order to be charged with this crime. Some of the common types of paraphernalia include rolling papers, bongs, and syringes. There are some items that could be regarded as illegal although they clearly state that they are to be used for a legal purpose such as syringes that are used to inject medications instead of drugs.
Manufacturing is a charge that you could receive if you are suspected of making any kind of drug. You could be involved in the beginning stages of manufacturing or in the end stages of making the drug before it’s used or sold. This charge sometimes goes along with trafficking. Either charge can be punished by time in prison and heavy fines. Officers are tasked with determining what kind of drug you were making and the reasons behind making the drug as some people manufacture drugs for personal consumption while others manufacture drugs only to sell. Drug trafficking is often regarded as one of the worst types of crimes related to drugs that you could be charged with as it’s taking items from one location to another. If you cross state or country lines, then you could face federal charges and charges in each state.
Drug dealing is similar to trafficking but on a smaller scale. It usually involves the exchange of a drug between you and another person. Most of the time, a small amount of a drug is involved. This usually results in a lesser punishment, but the outcome will depend on the type of drug that you are dealing.
After being charged with a drug crime, an attorney can examine the evidence and offer the best advice for pleading guilty or fighting the charges. If there is evidence that you weren’t involved or had no knowledge that drugs were involved in a situation, then your attorney can often talk to the court to have the charges dismissed or get a reduced sentence.